The claimant shall pay the review fee within 3 months from the date of receiving the rejection decision. The examination fee can be reduced, and the reduction ratio is 85% if the applicant is an individual or unit; If two or more individuals or units are the same claimant, the amount of compensation will be reduced by 70%. The request to reduce the reexamination fee may be filed at the same time as the patent application, or two and a half months before the expiration of the relevant fee payment period. If the fee reduction request is not submitted in accordance with the above provisions, the fee reduction will not be granted. The applicant should indicate the application number and examination fee when remitting money.
Article 41 of the Patent Law of People's Republic of China (PRC) If an applicant for a patent refuses to accept the decision of the patent administration department of the State Council to reject the application, he may, within 3 months from the date of receiving the notice, request a reexamination from the patent administration department of the State Council. After the review, the patent administration department in the State Council shall make a decision and notify the patent applicant.
If the patent applicant refuses to accept the reexamination decision of the patent administrative department of the State Council, he may bring a lawsuit to the people's court within three months from the date of receiving the notice.
Article 34 After receiving an application for a patent for invention, the administrative department for patent in the State Council, after preliminary examination, finds that it conforms to the provisions of this Law, and shall publish it after 18 months from the date of filing. The patent administration department of the State Council may publish its application at an early date upon the request of the applicant.
Article 35 Within 3 years from the date of filing, the administrative department for patent in the State Council may, upon the request of the applicant at any time, make a substantive examination of the application; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.
The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.
Article 36 When requesting substantive examination, an applicant for a patent for invention shall submit reference materials related to his invention before the date of application.
Where an application for a patent for invention is filed in a foreign country, the patent administration department of the State Council may require the applicant to submit the information retrieved during the examination of his application in that country or the information on the examination results within a specified time limit; If the application is not submitted within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.